S.John Clement Raj v. Repco Home Finance Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.09.2018 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.6939 of 2013 S.John Clement Raj .. Petitioner Vs.

1. Repco Home Finance Limited Rep. by its Manager No.34, III Floor, Vanuvas Plaza Singarathope, Trichy - 8.

2. S.Vijayalakshmi

3. The Registrar The Debt Recovery Appellate Tribunal Chennai

4. The Registrar The Debts Recovery Tribunal Madurai .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent in I.A.No.1886 of 2010 in AIR (SA) No.1122 of 2010 (SA.No.256 of 2008 on the file of DRT, Madurai) and quash the same and to direct the 3rd respondent to decide the petition on merits.

For Petitioner : Mr.P.Chandrasekarar For Respondents : No appearance

O R D E R

(Order of the Court made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a Certiorarified Mandamus to call for the records of the 3rd respondent in I.A.No.1886 of 2010 in AIR (SA) No.1122 of 2010 (S.A.No.256 of 2008 on the file of the Debts Recovery Tribunal, Madurai), to quash the same and direct the 3rd

respondent to decide the same on merits.

2. Consistently, there is no representation for the respondents.

3. Challenging the order passed in S.A.No.256 of 2008 on the file of the Debts Recovery Tribunal, Madurai, the petitioner filed an appeal in AIR (SA) No.1122 of 2010 with a delay of 43 days in filing the appeal. The Debt Recovery Appellate Tribunal, Chennai, by its order dated 12.11.2012, dismissed the application.

4. Since the petitioner has satisfactorily explained the reasons for the delay, in the interest of justice, the Debt Recovery Appellate Tribunal should have condoned the delay and allowed the petition to prosecute the appeal, in accordance with law.

5. We are convinced with the reasons stated by the petitioner for condonation of the delay. Therefore, in the interest of justice and in order to given an opportunity to the petitioner to prosecute the appeal, we are inclined to condone the delay.

6. Accordingly, the order dated 12.11.2012, passed by the Debt Recovery Appellate Tribunal, is set aside and the delay of 43 days in filing the appeal is condoned. The writ petition is allowed. No costs.

s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar Rj To

1. The Manager Repco Home Finance Limited No.34, III Floor, Vanuvas Plaza Singarathope, Trichy - 8.

2.The Registrar The Debt Recovery Appellate Tribunal Chennai

3. The Registrar The Debts Recovery Tribunal Madurai W.P. No.6939 of 2013 RJ(CO) SP(10/10/2018)